Brazil expands Cade powers with digital markets bill

The Brazilian Congress is debating a fast‑track bill that would broaden the authority of the Conselho Administrativo de Defesa Econômica (Cade) over large technology platforms. The proposal, authored by deputy Aliel Machado (PV‑PR), creates a new Superintendência Especial de Mercados Digitais within Cade and allows the agency to act prevent anti‑competitive mergers before they occur. Companies designated as “systemic economic agents” – those with annual revenues above R$ 5 billion in Brazil or R$ 50 billion worldwide – would be subject to additional oversight, though the bill limits the automatic imposition of obligations.

Big‑tech groups warned that the text could enable “intervention in algorithms, ranking systems, interoperability, data flows and terms of use,” saying such measures would affect how information, products and services reach users and could create legal uncertainty. One representative noted, “Um algoritmo é um conjunto de instruções… Intervir no algoritmo significa reescrever essas instruções, o que pode determinar o que aparecerá na primeira ou na última página de resultados de busca.”

Opposition parties and right‑wing legislators have sought to postpone the vote until after the July elections, arguing that the timing is politically charged. Machado rebuked the delay, stating, “Havia muito lobista fazendo pressão do lado de fora da porta,” and urged a vote before the parliamentary recess. The government backs the bill, viewing it as a priority for the economic team and for Cade, while critics fear it could open the door to content‑moderation controls.